Whitney v. Wagener
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover from defendant, as sheriff of said county, $703 damages for wrongful surrender of property which had been attached by defendant at the instance of plaintiff. The case was tried before O. B. Lewis, J., who, at the close of plaintiff’s testimony,, granted a motion to dismiss, on the ground that plaintiff had failed to prove a cause of action. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the Court
START, O. J.
On January 6, 1898, the C. E. Sherin Agency, a corporation, hereinafter called the “Agency,” recovered a judgment upon a promissory note in the district court of the county of Ramsey against the trustees of the Atlantic Congregational Church of St. Paul, for the sum of $703. The plaintiff herein, Milton B. Whitney, a judgment creditor of Clarence E. Sherin and Carrie E. Sherin, began an action against them upon his judgment, then amounting to the sum of -$1,769.69, in the district court of the county of Ramsey, and caused a writ of attachment to be issued against them, which was…
2Cases cited4 opinions
- Browning v. HinkleSupreme Court of Minnesota · 1892
- Holmes v. CampbellSupreme Court of Minnesota · 1868
- Van Doren v. BaileySupreme Court of Minnesota · 1892
- Presley v. LowrySupreme Court of Minnesota · 1878
3Cited by7 opinions
- Eberlein v. Stockyards Mortgage & Trust Co.Supreme Court of Minnesota · 1925
- Smith v. Emporium Mercantile Co. Inc.Supreme Court of Minnesota · 1933
- Shaughnessey v. JordanIndiana Supreme Court · 1916
- Isenman v. BurnellSupreme Judicial Court of Maine · 1925
- First State Bank v. PedersonSupreme Court of Minnesota · 1913
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